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MONOPOLI v. FOOD EMPORIUM, INC.

2014-10711, Index No. 6317/09.

135 A.D.3d 716 (2016)

23 N.Y.S.3d 322

2016 NY Slip Op 00162

THOMAS MONOPOLI, as Executor of LEONARD MONOPOLI, Deceased, Respondent, v. FOOD EMPORIUM, INC., Defendant, and OSTER REALTY CORP., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 13, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff's decedent allegedly slipped and fell on a patch of ice in front of a grocery store operated by the defendant Food Emporium, Inc. (hereinafter Food Emporium), which rented space in a shopping center owned by the defendant Oster Realty Corp. (hereinafter Oster). Oster moved for summary judgment dismissing the complaint insofar as asserted against it, contending that it was an out-of-possession landlord that...

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